A ab extra = from without; from outside: For example: i) Concerning a case, a person may have received some information from a 3rd party: ii) The assistance may have been considered ab extra ab initio = from the beginning actus reus = guilty act; the objective element of a crime; the external element of a crime actus non facit reum nisi mens sit rea = the act does not make a person guilty unless the mind is also guilty ad coelum/cuius est solum, eius est usque ad caelum et ad inferos = for whoever owns the soil, it is theirs up to Heaven and down to Hell ad colligenda bona = to collect the goods ad damnum = According to the harm; appropriate to the harm; a measure of damage inflicted, and implying a remedy if one exists that ought to correspond specifically and only to the damage suffered. ad hoc = for this (purpose); composed or designed for a particular purpose only ad hominen = argument against the man; argument to the man: also see argumentum ad hominem ad idem/consensus ad idem = mutual assent; of the same mind; meeting of the minds: the situation where there is a common understanding in the formation of the contract ad infinitum = to infinity; continue forever; without limit ad litem = for the suit; a party appointed by a court to act in a lawsuit on behalf of another party
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Transcript
A
ab extra = from without; from outside: For example: i) Concerning a case, a person may have
received some information from a 3rd party: ii) The assistance may have been considered ab
extra
ab initio = from the beginning
actus reus = guilty act; the objective element of a crime; the external element of a crime
actus non facit reum nisi mens sit rea = the act does not make a person guilty unless the mind is
also guilty
ad coelum/cuius est solum, eius est usque ad caelum et ad inferos = for whoever owns the soil,
it is theirs up to Heaven and down to Hell
ad colligenda bona = to collect the goods
ad damnum = According to the harm; appropriate to the harm; a measure of damage inflicted,
and implying a remedy if one exists that ought to correspond specifically and only to the damage
suffered.
ad hoc = for this (purpose); composed or designed for a particular purpose only
ad hominen = argument against the man; argument to the man: also see argumentum ad
hominem
ad idem/consensus ad idem = mutual assent; of the same mind; meeting of the minds: the
situation where there is a common understanding in the formation of the contract
ad infinitum = to infinity; continue forever; without limit
ad litem = for the suit; a party appointed by a court to act in a lawsuit on behalf of another party
administrator de bonis non cum testamento annexo = administrator of goods not administered
with the will annexed
ad nauseam = repeated continuously or continuing to the point of boredom
Ad quod damnum = According to the harm; appropriate to the harm; a measure of damage
inflicted, and implying a remedy if one exists that ought to correspond specifically and only to
the damage suffered.
affidavit = declaration upon oath; a formal sworn statement of fact
alter ego = the other
a mensa et thoro = divorce a mensa et thoro; divorce from bed-and-board; a de facto
separation while remaining legally married
amicus curiae/amici curiae = friend of the court/friends of the court
animus nocendi = animus-mind, noceo-to harm: the subjective state of mind of the author of a
crime, with reference to the exact knowledge of illegal content of his behavior, and of its
possible consequences.
ante = before
arguendo = for the sake of argument
a posteriori = after the fact; (logic) Involving deduction of theories from facts.
a priori = known ahead of time
argumentum a fortiori = even more so; from the stronger; with even stronger reason. For
example: i) If it is illegal to steal one apple then it is also illegal to steal ten apples (from smaller
to bigger, a minore ad maius): ii) If you can drink ten sodas then it follows that you can drink
five (from bigger to smaller, a maiore ad minus).
argumentum ad hominem = argument against the man; argument to the man; attacking the
person; replying to an argument or factual claim by attacking or appealing to a characteristic or
belief of the source making the argument or claim, rather than by addressing the substance of the
argument or producing evidence against the claim
audi alteram partem = hear the other side.
B
bona fide/bona fides = good faith; in good faith; A Bona Fide agreement is one entered into
without attempt to fraud; It is a state in which the person is cognatively and morally committed
to do the right thing. Opposite: mala fide/mala fides = bad faith; in bad faith.
bona vacantia = vacant goods: Indicates the absence of any known person entitled to the estate
of a deceased person
C
cadit quaestio = the question falls; is a legal term used to indicate that a settlement to a dispute
or issue has been reached, and is now resolved
casus belli = act of war; cause for war
c.a.v. = the court wishes to be advised: abbreviation for curia advisari vult
caveat = beware; take care; let him beware: An entry in the (court) records that effectively
prevents action by another party without first notifying the party entering the Caveat
caveat lector = let the reader beware
caveat emptor = let the buyer beware
caveat venditor = let the seller beware
certiorari = to be shown: an action of certiorari was suggested in terms of reviewing a case
ceteris paribus = with other things the same; all other things being equal
circa; c. = around; approximately
clausula rebus sic stantibus = things thus standing : the legal doctrine allowing for treaties to
become inapplicable because of a fundamental change of circumstances. It is essentially an
escape clause that makes an exception to the general rule of pact sunt servanda; promises must
be kept
coitus interruptus = interrupted sexual intercourse prior to ejaculation
compos mentis = of sound mind: Legally capable to conduct or defend proceedings: non compos
mentis = not of sound mind
concensus facit legem = agreement makes the law; permission makes the law; consent makes the
law
conditio sine qua non = a condition without which it could not be or without which there is
nothing.
contra ius commune = against common law
contra ius gentium = against the law of nations
confer = bring together
consuetudo est altera lex = custom is another law
consuetudo pro lege servatur = custom is kept before the law
consuetudo vincit communem legem = custom overrules the common law
contra = against
contradictio in terminus = contradiction in terms
contra bonos mores = against good morals
contradictio in adjecto = contradiction in terms; contradiction in itself
contra legem = against the law
contra proferentem = against the one bringing forth;
cor (coram) = In the presence of
coram Deo = in the Presence of God
coram non judice = not in the presence of a judge; a legal proceeding without a judge; with
improper venue; without jurisdiction.
coram populo = in the presence of the people; openly
curator ad litem = a party appointed by a court to act in a lawsuit on behalf of another party;
legal representatives who are appointed by court when the court believes that the person lacks
the mental capacity to make decisions for themselves.
corpus = body
corpus delicti = body of the offence
Corpus Iuris Canonici = Body of Canon Law
Corpus Iurus Civilus = Body of Civil Law
Corpus Iuris Secundum = C.J.S; an encyclopedia of U.S. law: Full name; Corpus Juris
Secundum: Complete Restatement Of The Entire American Law As Developed By All Reported
Cases (1936- )
corpus vile = worthless body
corrigenda = things to be corrected
corruptio optimi pessima = the corruption of the best is the worst
corruptus in extremis = corrupt to the extreme
corruptissima re publica plurimae leges = When the republic is at its most corrupt the laws are
most numerous
Credo in Unum Deum = I Believe in One God
crimen laesae maiestatis = the crime of injured majesty,
an offense against an authority, someone's dignity or against a sacred custom
cucullus non facit monachum = The hood does not make the monk
cui bono = Good for whom?
cui prodest/cui prodest scelus is fecit = for whom it advances/for whom the crime advances, he
has done it
cuius est solum eius est usque ad coelum et ad inferos = Whose the land is, all the way to the
sky and to the underworld is his; For whosoever owns the soil, it is theirs up to the sky and down
to the depths
cuius regio, eius religio = whose region, his religion: the religion of the king of the region is the
religion of the people
cuiusvis hominis est errare, nullius nisi insipientis in errore perseverare = Anyone can err, but
only the fool persists in his fault: Marcus Tullius Cicero, Philippica XII, ii, 5.
culpa = guilt; blame; mistake
cum gladiis et fustibus = with swords and clubs
cum gladio et sale = with sword and salt
cum grano salis = with a grain of salt
cum hoc ergo prompter hoc = with this, therefore on account of this: correlation does not imply
causation
cum laude = with praise
cum mortuis in lingua mortua = with the dead in a dead language
cura personalis = care for the whole person
cura te ipsum = take care of your own self; take care of yourself first
curia advisari vult = the court wishes to be advised
cur. adv. vult = the court wishes to be advised: abbreviation for curia advisari vult
curriculum vitae = course of life
custodia legis = in the custody of law
custos morum = keeper of morals; a censor
cygnus inter anates = swan among ducks
D
da mihi factum, dabo tibi ius = give me the fact, I will give you the law
damnatio memoriae = damnation of memory: a custom in which disgraced Romans were
pretended to have never existed.
damnum absque injuria = damage without injury: one is not responsible for unintended,
consequential injury to another resulting from a lawful act, excluding unintended damage by
negligence or foolishness.
data venia = with due respect; given the excuse
de bonis asportatis = carrying goods away: the traditional name for larceny
de bonis non administratis = of goods not administered: An appointed person who administer an
estate following the death of the original administrator
de facto = concerning fact; In fact; As a matter of fact; in practice but not necessarily ordained
by law; in practice or actuality, but without being officially established; The de facto standard
is a formal or informal standard that has a dominant position by cultural acceptance, market
dominance, tradition or enforcement.
defalcation = embezzlement; bad acts that changes a particular debt so it cannot be discharged in
bankruptcy
de fideli = with faithfulness
de futuro = regarding the future
de integrow = again, a second time
de jure/de iure = By right; concerning law; in principle
de lege ferenda = from law to be passed; what the law should be
de lege lata = from law passed; by law in force; the law as it exists
de minimus non curat lex = The law does not bother with the smallest things; The law does not
concern itself with trifles
de minimis non curat praetor = The commander does not bother with the smallest things.
de mortuis aut bene aut nihil = about the dead, either well or nothing
de mortuis nil nisi bonum/de mortuis nil nisi bonum dicendum est = no one can speak ill of the
dead; let nothing be said of the dead but what is good; of the dead, speak no evil
de nobis fabula narratur = about us is the story told
de novo = afresh; anew; beginning again
dictum/dicta (plural) = is a statement of opinion or belief considered authoritative because of the
dignity of the person making it.
dictum probium = A personal or individual dictum that is given by the judge who delivers
an opinion but that is not necessarily concurred in by the whole court and is not essential to the
disposition.
gratus dictum = an assertion that a person makes without being obligated to do so, or also a
court's discussion of points or questions not raised by the record or its suggestion of rules not
applicable in the case at bar.
judicial dictum = an opinion by a court on a question that is directly involved, briefed, and
argued by counsel, and even passed on by the court, but that is not essential to the decision.
obiter dictum = something said in passing: a comment made while delivering a judicial
opinion, but it is unnecessary to the decision in the case and therefore not precedential (although
it may be considered persuasive).
simplex dictum = an unproved or dogmatic statement.
doli incapax = Incapable of deceit; Incapable of crime: conclusive presumption or irrebuttable
presumption: in English law it is a presumption of law that cannot be rebutted by evidence and
must be taken to be the case whatever the evidence to the contrary.
dolus specialis = special intent; specific intent
duces tecum = Bring with you: Order to produce document to court: see subpoena duces tecum